REV:10/2011
The following persons are exempt from the work registration requirement: * Persons Under 16 or Over 60 Years of Age
* Persons with Disabling Conditions
* Persons Who Are Participants in the RIW Program * Persons Who Are Caretakers
* Recipients of Unemployment Compensation * Persons with Drug and Alcohol Dependency * Employed Persons
* Self-employed Persons * Persons Who Are Students
* Joint Applicants for SSI and SNAP
1004.25.05.05
(7 CFR 273.7)Persons Under 16 or Over 60 Years of Age
REV:06/1987
Persons younger than 16 years of age or 60 years of age or older.
If a child has his/her 16th birthday within the certification period, the child must fulfill the work registration requirement as part of the next scheduled recertification process unless otherwise exempt.
Also exempt is a person age 16 or 17 who is not a head of household or who is attending school or is enrolled in an employment training program on at least a half-time basis.
1004.25.05.10
(7 CFR 273.7)Persons with Disabling Conditions
REV:10/2011
Persons with disabling conditions incapable of gainful employment either permanently or temporarily. Persons claiming a temporary incapacity must be required to register once they become physically and mentally able to work.
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* Verification
Eligibility for and receipt of benefits from SSI is prima facie evidence of unemployability. In the case of an SSI household containing an "essential person", the individual situation must be examined to determine whether that
essential person must register. In addition, receipt of disability payments under the Social Security Program (Retirement, Survivors and Disability Insurance (RSDI)) is considered proof of disability for purposes of this
exemption.
Other individuals claiming an exemption for a physical or mental disability should furnish other verification which can substantiate such claim. Appropriate verification may consist of receipt of temporary or permanent disability benefits issued by governmental or private sources, or a statement from a physician or licensed or certified psychologist. If the individual cannot afford to pay a physician, the agency representative should provide the address of the appropriate Rhode Island Health Center. Adequate documentation should appear in the case record to support the granting of this exemption. Additionally, a case log (clog) entry detailing the exemption is required. Receipt of Workers' Compensation may also indicate
temporary disability.
1004.25.05.15
(7 CFR 273.7)Work Requirements for RIW Recipients
REV:08/2001
A household member subject to and complying with any work registration requirement under Title IV-A of the Social Security Act, including the RIW Employment Plan, is exempt from the SNAP work requirement.
A household member who is required to register for work under a Title IV-A program and who fails to comply with a registration requirement which is not comparable with the SNAP work registration requirement must not be denied SNAP benefits solely for this failure. The member loses his/her special exemption and must register for work with the Supplemental Nutrition Assistance Program if not otherwise exempt.
1004.25.05.20
(7 CFR 273.7)Persons Who Are Caretakers
REV:08/2001
A parent or other household member who is responsible for the care of a dependent child under six (6) or an incapacitated person. If the child has his/her sixth birthday within a certification period, the individual
responsible for the care of the child must fulfill the work registration requirement as part of the next scheduled recertification process, unless that individual qualifies for another exemption.
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If a parent and another member of the household both claim to be responsible for the care of the same dependent child or incapacitated adult, the actual responsibility should be
determined by discussion with the applicant. A summary of the fact leading to the exemption should be made in the case log.
1004.25.05.25
(7 CFR 273.7)Recipients of Unemployment Compensation
REV:06/1987
A person who is in receipt of Unemployment Compensation (UCB).
A person who has applied for, but has not yet begun to receive UCB is also exempt, but only if that person was required to register for work with the Department of Labor and Training (DLT) as part of the UCB application
process. If the exemption claimed is questionable, the agency representative is responsible to verify the exemption with the Department of Labor and Training.
If a person's UCB expires or is suspended, s/he must register for work unless otherwise exempt. A household member who is required to register for work under the UCB program and who fails to comply with a work registration requirement which is not comparable with the SNAP work registration
requirement must not be denied SNAP benefits solely for this failure. Such member loses his/her special exemption and must register for work with the Supplemental Nutrition Assistance Program if not otherwise exempt.
1004.25.05.30
(7 CFR 273.7)Persons with Drug or Alcohol Dependency
REV:06/1987
A regular participant in a drug addiction or alcoholic treatment and rehabilitation program, either on a resident or nonresident basis. * Verification
Regular participation in the program may be verified through the organization or institution operating the program.
1004.25.05.35
(7 CFR 273.7)Employed Persons
REV:06/1987
A person who is employed and working a minimum of thirty hours weekly or receiving weekly earnings at least equal to the Federal minimum wage multiplied by (30) hours is exempt. This includes migrant and seasonal farmworkers who are under contract or similar agreement with an employer or crew chief to begin employment within 30 days (although this does not prevent individuals from seeking additional services from the Department of
Employment Security). * Verification
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at least 30 hours per week, verification of the amount of income received from such employment, as is elsewhere required for certification, is sufficient to establish the exemption, provided the amount of income appears to be consistent with employment for thirty (30) hours a week under the general conditions prevailing in the community. However, if the individual does not meet this test, but still claims to be employed, then, in cooperation with the agency representative, the applicant is requested to supply documentary evidence of the existence of an employee -
employer relationship and that the number of hours worked is equivalent to thirty (30) hours a week.
Factors to be considered, while not all inclusive, are: 1.Does the wage meet State, Local or Federal minimums?
2.Have deductions of amounts for Federal and/or State income taxes, Social Security tax, etc., been made by the employer? 3.Does the employer pay unemployment insurance premiums on behalf of the employee?
* Hobbies, Volunteer Work, etc.
Persons engaged in hobbies or volunteer work or any other activity which cannot (because of the minimal amount of monies received from such activity) be considered as gainful employment, must not be considered exempt from work
registration regardless of the amount of time spent in such activity.
1004.25.05.40
(7 CFR 273.7)Self-employed Persons
REV:06/1987
Persons who are self-employed and working a minimum of thirty (30) hours weekly or receiving weekly earnings equal to or greater than the State or Federal minimum wage, whichever is higher, multiplied by thirty (30) hours. * Verification
If a person claims to be exempt by reason of self -
employment, verification of the amount of income received from self-employment is sufficient to establish the
exemption, provided the amount of income appears to be consistent with a conclusion of full-time (30) hours a week) employment. If the income is not sufficient, but the person still claims to be self-employed, such person must cooperate with the agency representative in establishing that the income received from the self-employment
enterprise is at least sufficient to be considered gainful employment and that the volume of work claimed justifies a determination that the self-employment enterprise is a full-time job for the purposes of this exemption. The household must cooperate in providing adequate
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documentation to substantiate the claim.
1004.25.05.45
(7 CFR 273.5)Persons Who Are Students
REV:06/1987
A student enrolled at least half-time in any recognized school, training program, or institution of higher education, provided that a student enrolled at least half time in an institution of higher education has met the
eligibility requirements in Section 1014.20. A student enrolled in a school, training program or institution of higher education remains exempt during normal periods of class attendance, vacation and recess, unless the student graduates, is suspended or expelled, drops out or does not intend to register for the next normal school term (excluding summer school.) A person who is not enrolled at least half-time or who experiences a break in enrollment status due to graduation, expulsion, or suspension, or who drops out or otherwise does not intend to return to school, must not be considered a student for the purpose of qualifying for this exemption.
* Verification
For students, aged 16 through 59, the agency representative may check with the institution or place of training, to determine if the school or training program is recognized by a Federal, State or local government agency, and if the student's hours meet the half-time requirement. Persons enrolled in correspondence courses where physical attendance is not regularly required are not exempt.